GST stands for Goods & Service Tax. Now a days the process of implementation of GST is getting momentum like never before. In this write up, I have discussed the concept of GST, Input tax credit of GST, taxes to be subsumed in GST, amendments to be needed in Constitutions of India and many other related issues.
Service tax is levied through provisions contained in Chapter-V of Finance Act, 1994 (as amended time to time). In the first year of Service Tax implementation i.e. 1994-95, it earned the revenue of Rs. 410/- crores from 3943 registered assesse. However, in F.Y. 2012-13 it realized Rs. 1,32,518/- from 17,12,617 registered assesse.
Taxation whether direct or indirect in real estate sector always been a very critical issue due to different nature of this sector. In the recent past, there has been made lots of various provisions in the different tax laws to bring various activities, income, charges or fee etc. under tax regime.
-With the introduction of the Companies Act, 2013, the method of charging depreciation on fixed assets has been changed. In the Companies Act, 1956, the depreciation had been charged with the percentage of rate prescribed under schedule-XIV thereof, but in new Companies Act, 2013, depreciation is going to be charged on the basis of useful life of tangible assets prescribed under schedule-II thereof.
Matching concept is a very significant concept of accounting. According to this concept income and expense must be recognised in the period to which they relate. In India, Profit & Loss is computed in accordance with two different sets of provision one set is Profit & Loss as per Companies Act, 2013 (earlier it was Companies Act, 1956) and second one is Profit & Loss as per Income Tax Act, 1961 (for the purpose of computing taxable income).
Commissioner of Income Tax (CIT) has the power u/s 263 & 264 of the Income Tax Act, 1961, to consider an order passed by Assessing officer (AO). U/S 264, CIT can consider the order passed by AO, only when an appeal is made by assessee to him within stipulated time frame. However, u/s 263 CIT possesses the power to consider the order passed by AO and prejudicial to revenue, relevant extract of section 263 is as follows:-
The foreign portfolio investors (referred as foreign institutional investors in the Act) face a difficulty in characterization of their income arising from transaction in securities as to whether it is capital gain or business income. Further, the fund manager managing the funds of such investor remains outside India under the apprehension that its presence in India may have adverse tax consequences.
Under the Income tax Act, 1961, the power of conducting Tax Audit u/s 44AB and various others certification/attestation work is conferred upon an Accountant, the term Accountant is defined under explanation to sub-section (2) of section 288 of Income tax Act, 1961 as under:
